Court : Mumbai
..... in respect of all arbitrations, except for the areas specifically falling under parts ii and iii of the arbitration act, 1996 (part ii and part iii hereinafter)?; and (e) whether a suit for preservation of assets pending an arbitration proceeding is maintainable? 16. mr. sundaram further submitted that in all commentaries of international ..... commercial arbitration, no application for interim relief would be maintainable under section 9 or any other provision, as applicability of part i of the arbitration act, 1996 is limited to all arbitrations which take place in india. similarly, no suit for interim injunction simplicitor would be maintainable in india, on the ..... section 2(1)(f) makes no distinction between international commercial arbitrations held in india or outside india. further it is also held that the arbitration act, 1996 no where provides that its provisions are not to apply to international commercial arbitrations which take place in a non-convention country. hence, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
..... i.e., 'the tax holiday period', as enumerated in sec. 80ia(2), and the 'stand alone' principle, as incorporated per sec. 80ia(5), seeking to preserve the sanctity of the tax shelter, are separate and distinct, and may not be confused with each other; rather, are to be read and applied harmoniously and purposively. ..... being assessment years (ays) 2005-06 to 2008-09, partly allowing the assessee's appeals against its assessments u/s.143(3) of the income tax act, 1961 ('the act' hereinafter) for the relevant years. 2. the appeals raising common issues, were heard together and are being disposed of vide a common, consolidated order. the ..... in sec.80-i(6): deduction in respect of profits and gains from industrial undertakings, etc., established after a certain date - new section 80-i [the finance (no.2) act, 1980] "19.4 the new "tax holiday" scheme differs from the existing scheme in the following respects, namely:- (i) ....................... (ii) ....................... (iii) in computing the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
..... assessing officer held that the above transaction was not a slump sale transaction and hence capital gain was required to be worked out as per normal provisions of the act. the ao observed from the chart as reproduced above that all assets other than inventories, that is, debtors, loans, miscellaneous receivables etc. did not have ..... deemed to be the loss or, unabsorbed depreciation of the amalgamated company for the previous year in which the amalgamation was effected, and other provisions of this act relating to set off and carry forward of loss and allowance for depreciation shall apply accordingly. as the amalgamation took place in the relevant previous year, the ..... disallowing the brought forward loss of bayer tpu pvt. ltd. (amalgamating company)(hereinafter called as btpu) amounting to rs. 7,73,00,414/- u/s. 72a of the act. 3. briefly stated the facts of this ground are that two separate companies - btpu and bayer specialty products pvt. ltd. (bsppl) - got amalgamated with the assessee- .....
Tag this Judgment!Court : Mumbai
..... insurance commissioner who held that they were disqualified from receiving benefit on the ground that under the provisions of section 13 of the national insurance act 1946, they were persons directly interested in the trade dispute which caused the stoppage of work. the claimants thereupon issued an originating summons in the ..... any moneys in the hands of the executors, administrators or trustees; (e) directing the executors, administrators or trustees to do or abstain from doing any particular act in their character as such executors, administrators or trustees; (f) the approval of any sale, purchase, compromise or other transaction; (g) the determination of ..... that the trustees constituted under the deed of trust or those appointed thereafter were to die; desire to be discharged; refuse or become incapable to act; were adjudicated insolvent; convicted of a criminal offence involving moral turpitude and punished with imprisonment exceeding six months; remained absent from india for a period .....
Tag this Judgment!Court : Mumbai
..... , because, the power of the court to hear appeals under a special law for the time being in operation was expressly preserved. 18. there is in the arbitration act no provision similar to section 4 of the code of civil procedure which preserves powers reserved to courts under special statutes. there is also nothing in the expression "authorised by law to hear appeals ..... from original decrees of the court" contained in section 39(1) of the arbitration act which by implication reserves the jurisdiction under the letters patent to entertain an appeal .....
Tag this Judgment!Court : Mumbai
..... transfer of buildings, flats, etc. has been mentioned. in para-5 of the plaint it has been averred that the said development agreement has not been acted upon, and therefore, the said development agreement and the power of attorney has become redundant and the plaintiff accordingly informed the defendants before cancellation and termination of ..... in question, and therefore, the objection raised by the defendants as regards the maintainability of the suit on account of violation of section 291 of the companies act is not sustainable. the learned counsel appearing for the petitioners shri dani fairly conceded that he would not press the said issue as, according to him, ..... office of the sub-registrar, maval, pune. it is the case of the plaintiff that though the said documents were executed and registered, they were not acted upon and therefore did not come into effect, and ultimately the plaintiff informed the defendants about the cancellation of the said development agreement and the said power .....
Tag this Judgment!Court : Mumbai
..... transfer of buildings, flats, etc. has been mentioned. in para-5 of the plaint it has been averred that the said development agreement has not been acted upon, and therefore, the said development agreement and the power of attorney has become redundant and the plaintiff accordingly informed the defendants before cancellation and termination of ..... in question, and therefore, the objection raised by the defendants as regards the maintainability of the suit on account of violation of section 291 of the companies act is not sustainable. the learned counsel appearing for the petitioners shri dani fairly conceded that he would not press the said issue as, according to him, ..... office of the sub-registrar, maval, pune. it is the case of the plaintiff that though the said documents were executed and registered, they were not acted upon and therefore did not come into effect, and ultimately the plaintiff informed the defendants about the cancellation of the said development agreement and the said power .....
Tag this Judgment!Court : Mumbai
..... and vexatious to the knowledge of the petitioner. that opinion is supported by the contemporaneous record including the further revelations made during the investigation about the act of the petitioner in withdrawing the amount equivalent to the cheque amount from one account of his bank and immediately re-depositing the self-same amount ..... as being member of the raiding party or as witness to the concerned panchanamas. thus understood, no inference can be deduced that respondent no.5 has acted against the petitioner with vengeance or otherwise. nor it is possible to hold that the entire investigation done by the navghar police station is vitiated. 28. ..... the petitioner faintly argued that installation of cctv without recording facility by the police authorities serves no purpose. if recording facility was to be provided, the acts of commission and omission of the concerned police officials could have been exposed. he submits that it is high time that the state should forthwith provide for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . t.m.chandrashekar this court again considered the importance of pleadings in an election petition alleging corrupt practice falling within the scope of section 123 of the act and observed as under; (scc p. 677, para 11) 11 this court has repeatedly stressed the importance of pleadings in an election petition and pointed ..... does not contain the material facts on which petitioner relies, including no full particulars of any corrupt practice, are stated in the petition. 15 section 123 of the act defines corrupt practice. in the instant matter, considering the allegations levelled in the petition, section 123 (6) and (8) can be stated to be attracted. ..... raised by petitioner to the election of respondent no.1 is mainly based on corrupt practice within the meaning of section 123 of the representation of people act, 1951. 3 respondent no.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. in the written statement presented .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shivaramagowdavs. t.m.chandrashekar this court again considered the importance of pleadings in an election petition alleging corrupt practice falling within the scope of section 123 of the act and observed as under; (scc p. 677, para 11) 11 this court has repeatedly stressed the importance of pleadings in an election petition and pointed ..... not contain the material facts on which petitioner relies, including no full particulars of any corrupt practice, are stated in the petition. 15 section 123 of the act defines corrupt practice. in the instant matter, considering the allegations levelled in the petition, section 123 (6) and (8) can be stated to be attracted. ..... raised by petitioner to the election of respondent no.1 is mainly based on corrupt practice within the meaning of section 123 of the representation of people act, 1951. 3 respondent no.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. in the written statement .....
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